Pradeep Kumar vs The State Of Bihar
2021 Latest Caselaw 2358 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 10313 of 2021
   Arising Out of PS. Case No.-250 Year-2020 Thana- MAHARAJGANJ District- Siwan
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Pradeep Kumar, Male, Aged about 46 years, son of Late Vishwanath Prasad, Resident of Purani Bazar, Maharajganj, P.S. Maharajganj, District-Siwan

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :      Mr. Ajay Kumar Thakur, Advocate
For the State           :      Ms. Asha Kumari
For the Informant       :      Mr. Arbind Kumar, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-06-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner

yesterday, which was allowed.

3. Heard Mr. Ajay Kumar Thakur, learned counsel for

the petitioner; Ms. Asha Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State

and Mr. Arbind Kumar, learned counsel for the informant.

4. The petitioner apprehends arrest in connection with

Maharajganj PS Case No. 250 of 2020 dated 18.09.2020,

instituted under Sections 342/323/324/326/307/338/504/506/34

of the Indian Penal Code.

5. The allegation against the petitioner and five others Patna High Court CR. MISC. No. 10313 of 2021 dt.10-06-2021

is of assault on the informant and his father and specifically

against the petitioner is that he had iron rod in his hand and had

assaulted the father of the informant.

6. Learned counsel for the petitioner submitted that the

genesis of the incident is that there was dispute with regard to

construction of speed breaker on the road which was opposed by

the informant and his wife, who is a Ward Councillor, due to

which there was verbal spat and co-accused Satyam Kumar is

said to have been armed with sword and the petitioner with the

iron rod and it is alleged that the father of the informant was

assaulted by them and also that co-accused Ujjwal Kumar

attacked the informant with knife in the stomach. It was

submitted that at best the allegation as per the FIR itself is

assault by iron rod on the father of the informant, which is not

corroborated by the injury report. Learned counsel drew the

attention of the Court to Annexre-3, which is injury report of the

father of the informant and is also a report after CT Scan, which

also does not show any fracture of bone and the brain

parenchyma is normal in morphology and density. It was

submitted that the said allegation of assault by the petitioner is,

thus, not corroborated and obviously false. Learned counsel

submitted that the petitioner has no criminal antecedent and Patna High Court CR. MISC. No. 10313 of 2021 dt.10-06-2021

there is political rivalry between the families and the informant

and his father have been convicted and sentenced to three years

rigorous imprisonment in which the informant also was an

accused, but got benefit under the Juvenile Justice Act. It was

submitted that though the occurrence is said to have taken place

on 11.09.2020, but the fardbeyan was recorded only on

14.09.2020, without any explanation for the delay.

7. Learned APP submitted that there is allegation of

assault by iron rod against the petitioner. However, it was not

controverted that CT scan of the brain of the father of the

informant does not show sign of any injury.

8. Learned counsel for the informant submitted that

the petitioner was also party to the assault. However, he also

could not controvert the fact that the allegation of assault by

iron rod on the father of the informant is not corroborated by

injury report and CT scan of brain of the father of the informant.

9. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No. 10313 of 2021 dt.10-06-2021

the concerned Judicial Magistrate 1st Class, Siwan in

Maharajganj PS Case No. 250 of 2020, subject to the conditions

laid down in Section 438(2) of the Code of Criminal Procedure,

1973 and further (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond and give undertaking with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall co-

operate with the Court/police/prosecution. Any violation of the

terms and conditions of the bonds or the undertaking or non-

cooperation shall lead to cancellation of his bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

11. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T